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HomeMy WebLinkAbout1996-025 Architectural Services Agreement• • • RESOLUTION NO. 25-96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH PALM BEACH DESIGN GROUP, INC. ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR ARCHITECTURAL SERVICES TO THE VILLAGE FOR A SENIOR CITIZENS BUILDING IN ANCHORAGE PARK AND A CONCESSION STAND IN OSBORNE PARK WITHIN THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Agreement entitled "Abbreviated form of Agreement Between Owner and Architect" with Palm Beach Design Group, Inc. attached as Exhibit "A", which Agreement provides for architectural services to the Village for a Senior Citizens building in Anchorage Park and a concession stand in Osborne Park within the Village. SPrPion 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with Palm Beach Design Group, Inc. set forth in Exhibit "A" for an on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. • • • PASSED AND ADOPTED THIS llth DAY OF April , 1996. (Village Seal) VILLAGE CLERK MAYOR T II r. A M ER IC A N INSTITUTE O F ARCIIITECTS • A1A Ixxwneut 13151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope 1987 EDITION 711151)OCUMEN7' 11AS IMPORTANT LEGAL. CONSEQUENCES; CONSULTATION W177l AN ATTORNEY 1S ENCOURAGED tr'l7'/! RESPECT 70 ITS COA1PLE7ION OR AIOUIFICA7'/ON. AGREEMENT made as of the l lth day of April In the year of Nineteen hundred and Ninety Six OETWEEN the Owner: ame and address) and the Architect: (Nana• and address) THE VILLAGE OF NORTH PALM BEACH 501 U.S. HIGHWAY 1 NORTH PALM BEACH, FLORIDA 33408 PALM BEACH DESIGN GROUP, INC. 2560 R.C.A. BLVD. SUITE 106 PALM BEACH GARDENS, FLORIDA 33410 For the following Project: (du lade detailed description al l''yea, location, add) VAS and sap, ) CONCESSION STAND IN OSBORNE PARK & SENIOR CITIZEN BUILDING IN ANCHORAGE PARR he Owner and Architect agree as set forth below. Copy tlggItt 1974, Wifl, R)191(1 by Mc c Auudtan Ius%Rulc of Anhltetts, 1735 Ncw Yolk Avcnuc, N W.. Washington, l).C. 2t$K6 Rrpr alai Uon of the nut111a1 hereto or sobsuou pal cptotallon of Its pruvl+brn whin pot wrlucn permission of tttc AIA violates Utc ropydgla laws of the Ilnhrd Stales and will be Nobler, t011101 prosecution. AIA DOCUMENT 8151 • ARIIREVIAII.UOWNER ARC1111Et:1 AGRLLMEN I . 1111RUFIN110N• AIA• • ID1987 NIL IL. AMERICAN INS1111I I E 01 ARC, II 1 EMS, 1735 NEW VORK AVENUE, NW , W A5I IINGION, U C 2<KK6 8151-1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services Included in Article 12 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. 1.1.3 The services covered by this Agreement are subject to the time hmuations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1. The Architect's Basic Services consist of those described under the three phases identified below, any other services identified in Article 12, and include normal structural, mechani- cal and electrical engineering services. 2.2 DESIGN PHASE 2.2.1 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.2 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Design Documents con- sisting of drawings and other documents appropriate for the Project, and shall submit to the Owner a preliminary estimate of Construction Cost 2.3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Based on the approved Design Documents, the Architect shall prepare, for approval by the Owner, Construction Docu- ments consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project and shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost 2.3.2 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project 2.3.3 unless provided in Article 12, the Architect, following dry Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction 2.4 CONSTRUCTION PHASE —ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10 3.3. 2.4.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 2.4.3 Duties, responsibilities and (imitations of authority of the Architect shill not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. 2.4.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor as due and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction 2.4.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally [antiltar with the progress and quality of the Work completed and to determine in general if the Work is being performed in u man- ner indicating that the Work when completed will he in accor- dance with the Contract Documents However, the Architect shall not be required to make exhaustive or continuous on -sue inspections to check the quality or quantity of the Work On the basis of on -site observations as an architect, the Architect shill keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensor sue representation may he agreed to as an Additional Service, as described in Paragraph 3 3) 2.4.6 1'he Architect shall not have control over or charge of anal shall not be responsible for construction means, method,. techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work 2.4.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress 2.4.8 Based on the Architect's observations and evaluations of the Contractor's Appbcations for Payment, the Archncct shall review and cants the amounts due die Contractor 2.4.9 The Architect's certification for payment shall constitute a representation to the Owner. based on the Architect's obser- vations at the sue as provided in Subparagraph 2.v 5 and on the AIA DOCUMENT DI SI • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIM • ©1987 1 Ill AMERICAN INS1II UTf OE ARCIiITECTS, 1)35 NEW YORK AVENUE. N W., WASIIING1 ON UC 20014 B151-1987 2 data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Docu- ments. The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, tch- niques, sequences or procedures, (3) reviewed copies of requi- sitions received from Subcontractors and material suppliersand other data requested by the Owner to substantiate the Comac- tor's nghr to payment or (4) ascertained how or for what pur- pose the Contractor has used money previously paid on account of the Contract Sum. 2.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents and will have authority to require additional inspection or testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Comeau Documents 2.4.11 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification Of performance characteristics of materials, systems of equip- ment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents 2,4.12 The Architect shall prepare Change Orders and Con- simction Change Directives, with supporting documerration and data if authorized or confirmed in writing by the Owner as provided in Paragraphs 3.1 and 3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involvms an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2,4.13 The Architect shall conduct inspections to determine the dates of Substantial Completion and final completion and shall issue a anal CetancMte rut Baynic/it. 2.4.14 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor The Architect's respoa - to such requests shall be made with reasonable promptness and within any time limits agreed upon. When making such inter- pretations and initial decisions, the Architect shall endemic( to settee faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall be provided If authorized or con- firmed in writing by the Owner or if included in Article 12, and 3 B151-1987 they stall be paid for by the Owner as provided in this Agree- ment. Such Additional Services shall include, in addition to those described in Paragraphs 3.2 and 3.3, budget analysis, financial feasibility studies, planning surveys, environmental studies, measured drawings of existing conditions, coordina- tion of separate contractors or independent consultants, coor- dination of construction or project managers, detailed Con- siruction Cost estimates, quantity surveys, inrenor design, plan- ning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, and any other ser- vices not otherwise included in this Agreement under Basic Ser- vices or not customarily furnished in accordance with generally accepted architectural practice. 3.2 If more extensive representation at the site than is described in Subparagraph 2.4.5 is required, such additional project representation shall be provided and paid for as set forth in Articles 11 and 12. 3.3 As an Additional Service in connection with Change Orders and Construction Change Directives, the Architect shall prepare Drawings, Specifications and other documentation and data, evaluate Contractor's proposals, and provide any other services made necessary by such Change Orders and Construe- tion Change Directives ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information, including a pro- gram which shall set forth the Owner's objectives, schedule, constraints, budget with reasonable contingencies, and criteria 4.2 The Owner shall furnish surveys describing physical char- acteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site and the ser- vices of geotechnical engineers or other consultants when such services are requested by the Architect. 4.3 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Canaan Documents. 4.4 The Owtler shall fgnnlrh all legal, µectulnting and Insurance counseling services as may be necessary at any time (or the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by the Owner. 4.6 The foregoing services, information, surveys and repons shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.6 Prompt written notice shall he given by the Owner to the Architect If the Owner becomes aware of any fault or defect in the Project or nonconk,rmance with the Contract Documents 4.7 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least In days prior to execution. AIA DOCUMENT Del• ABBREVIATED OWNER'ARCIIITECT AGREEMENT • TIIIRD EDITION • AIA • D1987 TIIE AMEKICAN INSTITUTE 07 AKCIIITECTS. 1735 NEW YORK AVENIIL, N IX , WASIIINGI'ON, D C 200W ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect. plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights -of -way, financing or other costs which are We respon- sibility of the Owner as provided in Article i. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 1t is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accord- ingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from any estimate of Constriction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed lmut of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless a fixed limit has been agreed upon in writing and signed by the parties hereto. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 Any Protect budget or fixed limit of Construction Cost may be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents CO the Owner and the date on which proposals arc sought. 5,2.4 If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an Increase in such fixed limit, .2 authorize rebidding or renegotiating of the Project within a reasonable tune; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shah modify the Con- tract Documents as necessary to comply with the fixed linut, if established as a condition of this Agreement The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre. pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project, and the Architect shall be deemed the author of these docu- ments and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings. Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architects Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be consented as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Noarbitra- tion arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, except by writ- ten consent containing a specific reference to this Agreement signal by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration Involving an addi- tional person or entity shall not constitute consent to arbitra- tion of any claim, dispute or other matter in question not described in the written consent. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entry duly Consented to by the parties to this Agree- ment shall be specifically enforceable in accordance with appli- cable law in any court having jurisdiction thereof. 7.2 In no event stall the demand for arbitration be made after the (kite when institution of legal or equitable proceedings based on such claim, dispute or other natter in question would be barred by the applicable statutes of limitations 7.3 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not kss than seven days' written notice should the other piny AIA DOCUMENT BI SI • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION •. MA. • ©1987 TIIE AMERICAN INS1 ITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N W, WASIWGTON. DC, 2(101)6 B151-1987 4 fail substantially to perform in accordance with the temps of this Agreement through no fault of the party initiating the ter- mination. 8.2 If the Project is suspended by the Owner for more thin 30 consecutive days, the Architect shall be compensated far ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equit- ably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written nonce 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for temhination 8.6 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice In the event of a suspension of services, the Architect shall have no Lability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services perlormed prior 10 termination, together with Reimbursable Expenses then due and all Termination Expenses 8.7 Termination Expenses are an addition to compcnsawn for Basic and Additional Services, and include expenses which are directly attributable to termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A20I, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shal com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of Issuance of the final Certifiote for Payment for acts or failures to act occurring after Substantial Completion 9.4 T'hc Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth it the edition of AIA Document A201, General Con- ditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or 2 cause of action In favor of 2 third party against either the Owner or Architect. 9.8 The Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses include expenses incurred by the Architect in the interest of the Project for; . 1 expense of transportation and living expenses in con- nection with out-of-town travel authorized bp. the Owner; .2 long-distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project; . 4 reproductions; .6 postage and handling of Drawings and Specifications; . 6 expense of overtime work requiring higher than regu- lar rates, If authorized by the Owner, .7 renderings and models requested by the Owner; .8 expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants; and .9 expense of computer -aided design and drafting equip- ment time when used in connection with the Project AIA DOCUMENT D151 • ABBREVIATED OWNER.ARCI I ITECT AGREEMENT • THIRD EDITION • AIAo • ©1987 5 B151-1987 Till AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N 5t , WASHINGTON, DC 20006 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES .10.3.1 An initial payment as set forth in Paragraph 11.1 is the ninunum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or ex• tended through no fault of the Architect, compensauon for any services rendered during the addiuonal pcnod of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those ponions, in accordance with the schedule set forth m Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal Is received. the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of die Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Architect's Additional Ser- vices and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of sums withheld from payments to contractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows. 11.1 AN INITIAL PAYMENT OF NONE Dollars(1 shall be nude upon cxccuuon of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION ) 41•11.2.1 FOR BASIC SERVICES, as described rn Article 2, and any other services included an Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: 'hoer basis o/ compensation including rtipsdatm surnd mu/tildes Or pertnuaRe . and Ideruay phases to wawa pamzulgr rneibodi of ronipotsation apply I no.c elv n , COMPENSATION - STIPULATED SUM IN THE AMOUNT OF $33,000 PART A - CONCESSION STAND $14,700 PART B - SENIOR CITIZEN BUILDING $18,300 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Want additional phases as appropnate I •Design Phase: Construction Documents Phase: Constmcuon Phase - Total Basic Compensation: PART A $3,675 7,350 14,700 PART B $4,575 9,150 18,300 percent (25 %) percent (so %) percent (25 %) one hundred percent (100%) TOTAL $8,250 16,500 8,250 33,000 ALA DOCUMENT 8151 • ABBREVIATED OWNER.ARCHITECT AGREEMENT • THIRD EDITION• Ale • (81987 Tall AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N W. WASHINGTON. DC 20006 8151-1987 6 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2. compensation shall be .ompuled as follows None anticipated. If required, will be based on hourly rates listed below. 11.3,2 FOR ADDITIONAL. SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12. compensation shall be computed as follows. arisen basis of compensation including rates and/or multiples s/ Direct Personnel Expense for Pnncipals and employees. and identify Pnn c.pals and classify employees i/ required Identify specific senates to winch particular methods of compensation apply. If necessary ) "Services" sheet, dated January 1989 is attached hereto and includes hourly rates for Additional Services, only when authorized by the Owner. • 11.3,3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering ser- vices and those provided under Anicle 3 or identified in Anicle 12 as pan of Additional Services, a multiple of one & two tenths 1.2 ) tunes the amounts billed to the Architect for such services. pdenu/y specific types of consultants in Article r3. if required 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Anicle 12 as Reunbursable Expenses, a multiple of one & one tenth ( 1.1 ) tuna the eltpenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twenty four ( 24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments arc duc and payable f h i r t e days from the date of the Architect's invoice. Amounts unpaid thirty days atter mote date shall bear merest from the date payment is due at the rate entered below, or in the abs*nce thereof, at the legal rate prevailing from time to time at the pnnapal place of business of the Architect. (Insert any rue of interest agreed upon ) (Usury taus and requirements under rbe Federal Truth in Lending AU. similar staleand local conunser credit laud and otber regulations at the (Miner's and Archi- •tect's principal places of business the location of the Project and elsewhere may affect :be talttry of Ibis protnsion Specific legal advice should be obtained uetb -expect to deletions or modifications and also regarding requirements sucb as urines disclosums or waiters I 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. AIA DOCUMENT BM • ABBREVUTED OWNER -ARCHITECT AGREEMENT • TRIAD mmoN• AJA• • 01987 TILE AMERICAN INSTITUTE OF ARCHITECTS, 17;5 NEW PORK AVENUE, NW . WASIIWGTON. D.C- 20006 B151-1987 7 ARTICLE 12 OTIIER CONDITIONS OR SERVICES (Insert descriptions 11 allnr willies. IdenIQy Additional fetrAes Included ultimo flint f2nlN•nn1Ilun kind nndlls alluns m Ilayanvnma and CUMIN+unmet In nu to bntW In Ibis Averment J • PROJECT DELIVERY: It is understood that the Preliminary Design Phase & Construction Document Phase should be completed as soon as practicable. The Construction Phase will probably be delayed until the next budget year. TheOwner has the choice of bidding these projects individually or together. This Agreement entered Into as of the day and year first written above. OWNER VILLAGE OF NORTH �PALM //�\BEACH //� V. A. Marks, M. D., Mayor (Prima! nonce anti U17s) BEACH DESIGN GROUP, INC. 0 • R.M. ARSENICOS, PRESIDENT mimed Iunne and thee) AIA DOCUMENT HUM • ABBREVIATED OWNER ARCIII 'IIIE AMERICAN E OF ARCHITECTS, 1735 ATT, OREEMENT•T1IIRD EDITION • AIA• • C1987 Inc AVENt!E, N W., WASIIINGTON, O C 20006 Village Clerk D151-1887 8 • • PALM BEACH DESIGN GROUP, INC. / 2560 RCA BLVD., SUITE 106 / PALM BEACH GARDENS, FL 33410 / (407) 627-6000 SERVICES: TIIE ARCHITECTURAL SERVICES HAY BE DIVIDED INTO TRADITIONALLY THEY CONSIST OF: I II III IV JANUARY 1989 WAVY PARTS. PRELIMINARIES (HAY BE DIVIDED INTO BCHEHATICB DESIGN DEVELOPHENT) CONSTRUCTION DOCUMENT'S BIDDING OR NEGOTIATION PHASE CONSTRUCTION CONTRACT ADMINISTRATION G SERVICES HAY BE PERFORMED WITH COHPENBAT'ION COMPUTED UPON ONE OF TIIE FOLLOWING BASIS: A. B. C. D. PERCENTAGE OF CONSTRUCTION LUMP SUM PROFESSIONAL FEE PLUG DIRECT COSTS HOURLY BASIS HE WILL NEGOTIATE ON ANY OF TIIE ABOVE METHODS. WE HAVE FOUND THAT HOST CLIENTS PREFER TIIE LUMP 8U11 METHOD, HOWEVER, IT IS VERY DIFFICULT TO DETERHINE TIIE SCOPE OF WORK BEFORE PRELIMINARIES ARE COMPLETED, SO WE USUALLY PROVIDE THE PRELIHINARY SERVICES ON AN HOURLY BASIS CONTRACT AND THEN PROVIDE EACH PHASE OF TIIE REHAININO BERVICEB ON A LUHP 6U11 BASIS FOR EACH PHASE. RATES: OUR NORMAL HOURLY RATES ARE: PRINCIPALS $90.00 PROJECT ARCHITECT $75.00 TECIINICAL STAFF I $60.00 TECIINICAL BTAFF'II $50.00 TECIINICAL STAFF III $40.00 TECIINICAL STAFF IV $30.00 SECRETARIAL (WIZEN DIRECTLY ASSIGNED) - $25.00 CONSULTANTS (VARIES - SIMILAR TO ABOVE) REIHBURSABLEBI GENERALLY AT DIRECT COSTS CONSULTANTS AT COST TINES WHITE PRINTS PHOTO COPIER BILLINGS: PLUS HANDLING. 120%. 10 x 24 - - 24 x 36 - - 30 x 40 - - 8-1/2 x 11 8-1/2 x 14 11 x 17 - - $1.00 - - $1.50 - - $2.50 - - $ .25 - - $ .30 - - $ .50 THESE ARE MADE HONTHLY AND DUE IN TEN (10) DAYS. ACCOUNTS OVER 30 DAYS HILL HE CHARGED A SERVICE CHARGE OF 1-1/2% PER HONT11 10% PER ANNUM. ARCHITECTURE • PLANNING • DESIGN CONSULTATION THE VILLAGE OF NORTH PALM BEACH DEPARTMENT OF PUBLIC SERVICES 645 PROSPERITY FARMS ROAD • NORTH PALM BEACH, FLORIDA 33408-4799 • (561) 626-0212 August 7, 1997 Certified Mail Robert M. McTeague, Jr. President RPM General Contractors, Inc. 600 NE 28th Court Pompano Beach, FL 33064 RE: Community Activities Building - Anchorage Park Project 9614-A Notice to Proceed Dear Mr. McTeague: You are hereby given a Notice to Proceed on the referenced project effective August 18, 1997. Enclosed is one fully executed contract agreement. A building permit has been issued conditioned upon the submittal of routine and shop drawings and other submittals as specified in the contract documents. A purchase order will also be forwarded to you in the amount of the contract. Please prepare a construction schedule within 7 days so that affected park activities may be coordinated by the Village. Please call with any questions. Sincerely, Thomas �Mogarth, P.E. Public Services Director cc: Village Manager Palm Beach Design Group it an 6,%/ CA/6 ofN( ,Ac ca lr THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AlA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the tenth day of July in the year of Nineteen Hundred and Ninety Seven BETWEEN the Owner: The Village of North Palm Beach 501 U.S. 41 North Palm Beach, Florida 33408 and the Contractor: RPM General Contractors, Inc. 600 NE 28th Court Pcrtpano Beach, Florida 33064 954-785-8900 The Project: 9614A--- CommunityActivities Building Anchorage Park, North Palm Beach The Architect: Palm Beach Design Group, Inc. 2560 RCA Blvd., 4106 Palm Beach Gardens, Florida 33410-3336 561-627-6000 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20056. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United Slates and will be subject to legal prosecution. AIA DOCUMENT A101 -• OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ®1977 • TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for Were insert the caption descriptive of the Work as used on other Contract Documents.) Community Activities Building in Anchorage Park (9614 A) ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced within fourteen (14) days of permit issue and/or Notice of Ccntencement, whichever is later. and, subject to authorized adjustments, Substantial Completion shall be achieved not later than two hundred actual start date. ime,) and ten (210? copse9L�tive r a 1 endar days, all f3_cxu ere insert any speua provis,o¢s for qui algid damages relating to fore to complete on 1 Also, see Section 00800 - Supplementary conditions Article B includes liquidated damages in the amount of $200.00 per day. MA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of $565,000.00 The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) Lump Sum proposal received June 11, 1997 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than ten - days following the end of the period covered by the Application for Payment ninety percent (90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety five percent ( 95 %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (N not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained alter the Work reaches a certain stage of completion.) Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) _ (Usury laws and requirements under the Federal Truth in Lending Act, similar stale and local consumer credit (aws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • Alike ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 3 a ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire ,unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. - - - -- - 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are Listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (Ust below the Agreement, the Conditions of the Contract (General, Supptemen Lary, and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers In all cases and dates where applicable.) A. This agreement B. The construction documents including: 1. The Project Manual dated April 24, 1997 (see Table of Contents) 2. The drawings (1 of 20 through 20 of 20), dated April 24, 1997 C. Addendum No. One, dated June 4, 1997 D. Contractor Pruposal, dated June 11, 1997 (Option A) This Agreement entered into as of the clay and year first written above. OWNER Q tea\ CONTRACTOR -RPM General Contractors, Inc. Robert P. McTeague, Jr. President AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • EVEtt4II EDITION • JUNE 1977 • AIA' 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW Y RK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 4